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International trade law case study
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International Trade Law Case Study
Introduction
International trade transaction is essential for the sale of goods
with the addition of an international element. In practice, the seller
and buyer are in different countries where the goods must travel from
the seller’s country to the buyer’s country by various means of
transports. In international sale of goods, they usually transit the
goods by sea because of the international transactions. Therefore,
contracts for the carriage of those goods must be procured between the
seller or buyer and common carrier depending on different types of
sale of contracts. Moreover, in most of incidences, the agreed goods
are usually insured at a reasonable amount in case of being loss or
damaged during the transit. The goods must also be paid for by various
methods of payment to facilitate international trade.
This essay aims to analyse the possible claims from our advising buyer
G arising from other parties to the contracts involved in this
transaction. The essay will also analyse the legal relationships of
all parties created that their respective rights and duties may have
in the transaction. In doing so, it will discuss sale of contracts on
c.i.f. terms firstly, where it involves two other contracts
respectively. Then, I will mainly analyse the duties of the shipper in
the contract of carriage. Next, the most discussion will be referred
to the contract of marine insurance on the relationship between the
assured and insured, as well as the insurance cover. Finally, I will
analyse letters of credit as a method of pay...
... middle of paper ...
... Ltd (1936) 55 Ll. L. Rep 391
[44] The rules were revised in 1993 and came into force on 1 January
1994.The edition currently in force is the UCP 500.
[45] The UCP 500 Article 1: “ The Uniform Customs and Practice for
Documentary Credit, 1993 Revision ,ICC Pulicaiton No 500, shall apply
to all Documentary Credits…….where they are incorporated into the text
of the Credit.”
[46] Judith Evans Law of International Trade(3rd edition) by Old
Bailey Press
[47] Article 1 and 2
[48] Article 3
[49] Gian Singh & Co Ltd v Banque de l’Indochine[1974] 1 WLR 1234
[50] JH Rayner & Co. Ltd v Hambro’s Bank Ltd[1943] KB 37
[51] Equitable Trust Company of New York v Dawson Partners Ltd(1927)
27 Ll. L. Rep 49 by Viscount Sumner
[52] United City Merchants (Investments) v Royal Bank of Canada [1983]
1 AC 168
When discussing the concept of contract law, there exist two bodies of legal rules that may apply to the contract. These bodies are the common law of contracts and Article 2 of the Uniform Commercial Code or the UCC. The common law of contracts is court made and is constantly changing, but the UCC is required in every state within the U.S.A. It is important to know which one to use and when, as well as what the differences between them are.
Trade is the most common form of transferring ownership of a product. The concepts are very simple, I give you something (a good or service) and you give me something (a good or service) in return, everyone is happy. However, trade is not limited to two individuals. There are trades that happen outside national borders and we refer to that as international trading. Before a country does international trading, they do research to understand the opportunity costs and marginal costs of their production versus another countries production. Doing this we can increase profit, decrease costs and improve overall trade efficiency. Currently, there are negotiations going on between 11 countries about making a trade agreement called the Trans-Pacific
Legal Studies Essay Joey Agerholm Exclusion clauses determine the liability of something that might go wrong within a contract. They are used by sellers as an attempt to avoid or limit their liability. The seller has the advantage over the buyer who must agree to the clauses to purchase the product/service. Because of the buyers disadvantage the court takes such cases, involving exclusion clauses, very seriously, and the content of the clauses are carefully interpreted. With the current Trade Practises Act and the Fair Trading Act the standard form of business contract is adequate and effective in protecting the buyer. The Trade Practise Act is the most effective legislation for the protection of the consumer. It implies to the following situations:- - “A promise by the seller that the buyer will become the owner” If a car dealer breaks a promise or part of a contract, for example that he has the right to sell a car, and the car is stolen then although the buyer will have to give the car back he/she will get her money back. - “ A promise by the seller that goods will fit the description supplied by the seller” In this case the buyer is protected if the seller makes a promise, which is a condition of the contract, describing the product, and when the buyer receives the product, it does not match the description. - “ A promise where the seller is made aware of the purpose for which the goods are required, that the goods will be reasonably fit for that purpose” This condition is implied when the buyer makes the purpose of the goods needed known to the seller, and the buyer then relies on the seller’s judgement in providing the correct product. For example it would not be reasonable if you made the seller aware that you wished to purchase something suitable for mowing the average suburban backyard and you were sold a tractor. - “A Promise that goods are of merchantable quality” According to this act a good is considered to be merchantable if they are suitable for the prospect for which other similar goods are sold, involving the description applied to them, the price and any other relevant information. This act does however does not protect the consumer if he/she has examined the product and missed any defects that should have been seen or if the seller made him/her aware of the defect prior to the purchase of the product.
Nearly every aspect of law enforcement has a court decision that governs criteria. Most court rulings are the result of civil lawsuit towards a police officer and agency. However, currently, there is no law that mandates law enforcement driver training. When it comes to firearms, negligence by officers has resulted in a multitude of court rulings. Popow v. City of Margate, 1979, is a particularly interesting case that outlines failed firearms training by an agency. In this case, an officer chasing a suspect during a foot pursuit fired at the suspect, striking and killing an innocent bystander (Justia.com, 2017). The court ruled that the agency was “grossly negligent” of “failure to train” (Justia.com, 2017). As a result, nearly every agency requires annual firearms training and has written policy concerning the same. Officers must show proficiency in firearms use every year to maintain their certification. Many states even impose fines on officers for
Which rule in the AICPA Code of Conduct is most related to Article 1.5 of the California Accountancy Act? Explain your conclusion.
Blaise M. Sonnier, J.D., DBA. (2012). Circular 230: Its Day-to-Day Impact on Tax Practices. Retrieved October 12, 2016, from http://www.thetaxadviser.com/issues/2012/feb/tpr-feb12.html
When applying to law schools, it was imperative that I find an institution that offered legal clinics and student groups in the areas I am most passionate about. Thankfully, I discovered what Georgetown University Law Center has to offer. Georgetown Law is home to the Domestic Violence Clinic, Georgetown Street Law Program, and the Harrison Institute for Housing and Community Development. The work of these three programs alone, made it instinctive for me to write this letter to express my commitment to attend Georgetown Law if admitted.
Uber Technologies Inc. continues to battle with law suits regarding several issues in violation of the antitrust law. The question “who are Uber’s drivers (Gersham, 2016)?” have yet to be answered (Gersham, 2016). In California the class action suit on Uber’s driver status is still in question, “employees or independent contractors (Gersham, 2016). While in Manhattan there is an unusual antitrust case where the federal court is trying to answer a simpler question, “what is Uber (Gersham, 2016)?” Customers complained that Uber is not a product or a service, but a conspiracy (Gersham, 2016). In 2014, Spencer Meyer and on the behalf of others affected by Uber’s price fixing algorithms is suing the defendant Travis Kalanick, who is the chief executive officer and co-founder of Uber Technologies, Inc (Spencer Meyer vs. Travis Kalanick, 2016). The allegations includes; a business plan that encourages fix prices among competitors while taking a cut of the profit, the classification of drivers as independent, and that they are only a technology
Container shipping industry is kind of international trade and destined restricted by los of regulation, such as ocean environment law, nation’s imports & exports law.
Two main sources of law in the common law system are statutes and judicial decisions. The UK’s law inherited from the authority of courts which developed over the centuries, following the ‘stare decisis’ doctrine which built the stability and certainty in the law. This law survived for over a thousand years even in the absence of the statutory regulations in some areas. However, the Parliament as the supreme law-making body has the power to override or change current case law through the legislation but its power has been significantly weakened since signing the European Community Act in 1972. The membership covers some important areas as communication, trade and the human rights therefore influencing domestic law significantly. (OU, 2014, Unit 4)
This judgment given set criterion which is still been used in the modern court system and due to this case it was developed that an offer of contract can be unilateral and doesn’t have to be made to a specific party only. Also it was developed to that the acceptance of an offer does not require a notification and that once the concerned party purchases the product the contract is active then and there itself. And it was also established that purchase of an item is a fine example of consideration and therefore makes it a valid contract. (Smith, 2000).
It is the duty of the carrier to provide a seaworthy vessel. Although, not required in all seafaring activities, it still has a serious impact on different aspects of maritime law, e.g. Marine Insurance, Carriage of Goods by Sea, Salvage, etc. Hence, the definition of the term is important to define the term, and its different aspects, so as to recognize the consequences of the compliance with or the breach of such a duty.
This paper concerns the two main paradigms in international relations, realism and liberalism. It will first define the terms separately, then discuss the origins of each theory, then examine the strengths and weaknesses of each theory and demonstrate how the theories work on their own. At the same time, this essay will investigate the most convincing theory of the both as it incorporates the presumptions into the case study of the United Sates’ invasion of Iraq in regards to realism and liberalism. This essay will conclude by elaborating on why realism is the most convincing theory in international relations.
One other peculiarity of a consecutive voyage charter is the time factor as it causes certain structural differences when it comes to costs and income. These contracts will contain bunker clauses or other clauses concerning cost
It contains all benefits and clauses relating to claims of the insured arising from an accidental damage, loss of property, loss of life and so on. Marine insurance is essential to every participant in the world of commercial shipping, as trading across the high seas is a very high risk enterprise. Many different policies exists according to the type of insurance coverage needed. The importance of Marine insurance cannot be overemphasized. The Policy can be defined more specifically, according to Huebner (1980), as a contractual agreement whereby one party undertakes, in return for a stipulated consideration and in accordance with definitely expressed restrictions, to indemnify another party against loss or damage to a defined interest in vessel, cargo, or freight earnings when unavoidably caused by certain definitely enumerated contingencies.